UK Classification of Law and its Impact on Multilingual Organizations
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This article discusses the UK classification of law, including its definition, characteristics, and impact on multilingual organizations. It also covers the UK law-making process and its direct impact on commercial organizations, particularly in terms of employment law. The article cites relevant sources to support the discussion.
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BSC (Hons) BUSINESS MANAGEMENT WITH FOUNDATION SEMESTER 1, EXAMINATION 2021/22 BUSINESS LAW MODULE NO: BMP4002 Exam Paper Release Date & Time: Saturday 11 June 2022 at 10:00am Submission Cut-off Date & Time: Monday 13 June 2022 at 10:00am --------------------------------------------------------------------------------------------------------------- ANSWER BOOKLET All the pages of the answer booklet should be submitted including blank ones. Please type your answers in the spaces provided. Insert additional pages where required. Student Name ID Number 1.UK classification of law 1.i. Definition of law within UK
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The concept of the law is being defined within UK the rule and fundamental doctrine that need to be followed and obey by every individual otherwise arbitrary cation would be tend(York, 2022). Further, law is taken as the act of parliament which tend to have the power and responsibility to create new law and change and make modification in the existing law. Along with this the process of making law within UK tend to includes and comprises of the creation and leading out an Act which is raised as a Bill that has been than needed to be approved by both the House of Commons and the House of Lords and after which it tend to been given to the Royal Assent by the Monarch. Finally, taken in a together manner, Acts of Parliament tend to make up that is tend to be known as Statute Law in the UK. 1.ii. Characteristics of the two main classifications of laws in UK It has been seen ad find out that the UK law is tend to be classified into two main parts comprises of the public and private law. The public law is tending to be the one which governs the relationship and cases that taken between the citizen and the state. While on the other hand the private law is the one that is tend to govern and represent the relationship between an individual party or some sort of private organisation. Further, it has been seen that broadly the two main classification of law of UK are co prises of the civil law and criminal law the main characteristics of which are discussed and defined as below: ï‚·Civil law: It has been seen that the civil law forms out a part of the private law at the time when differencing between civil and criminal law and the main characteristics of the civil law tend to comprises and includes of all the areas that deals with any sort of the negligence along with contacts disputes, family matters, employment, probate and all sort of land law. along with the criminal law claims in England and wales tend to includes of the injury to a person along with committed something wrong as per crucial law the hearing of which is made for higher values cases are held within the both high court as well as the country court. If a person is puts up the case that known as claimant and responsible for providing the civil law that the defendant has committed the crime. And if the clamant wins the case a recovery amount for the damaged caused is pay by the defendant (Petoft, Abbasi and Zali, 2021). ï‚·Criminal law- The main characteristics of the criminal law comprises of the fact that it forms a part of the public law. Further, the key characteristics of the criminal law within the UK tend to describes and brings out the boundaries which are tend to be taken as acceptable conduct. Along with this, any person who tend to breaks out the criminal law is considered to have committee the serious offence against the society as a whole and comprises of strict verdict and harsh legal actions. Further, the criminal case includes of 2of6
detailed investigation, polices arrests and interview the people who are tend to be made and put under the surveillance. Once the case is tending to resolve the individuals who had committee the crime is charged and report is sent to the Crown prosecution service (CPS) (DeMott, 2022). 1)iii. three different Legal systems in UK The three different legal system that are tending to prevail within UK are listed as below: England and Wales- This legal tend to comprises and incudes of the law and legal system which are administered and control by the courts of the England and Wales and rule the both civil and criminal manner based on principle of common law. Scotland–It tends to present and reflects about unique legal system prevailing within the acts and based in the ancient Roman law (Wong, 2021). Northern Ireland- It tend to present and reflect about the common law system of the Northern Ireland that is administered by the courts of the Northern Ireland that is having ultimate appeal to supreme courts of the UK for both civil and criminal matters. 2)UK source of law 2.i. Hierarchy of the principal sources of laws It has been seen and analysed that the English law is mainly created and tend to have their main source that comprises of legislation, case/ common law, EU law and the human rights law. Further, the hierarchy of the principal sources of laws in the English Legal System tend to includes and comprises of the Legislature, the executives and the judiciary. The legislature is the one who is having the role in constitution to make a law. While the executives are the crown whose main function is tend to exercise and function thigh the government consists of the Prime minister and other authority such as police case services and local authority (Samuel and Kennett, 2020). Finally, the judiciary tend to includes and comprises of the judge’s function who apply the law in the cases. 2.ii. characteristics of the sources of laws The key characteristics of the sources of law has been provided as below: Legislation- This source of the law tends to comes for the bodies as well as the person authorised by the parliament to carte and enact the law. For instance, the Scotland Act 1998 passed by Westminster Parliament to create a Scottish Parliament. Further, it has been also seen and find out that the legislation also consolidates and codify the law and tend to brings all law under the topic based in inclusive of custom. 3of6
Along with this, the legislation passed on the in the acts of the parliament are also taken as the source of law. ï‚·Common or case law- It also forms a vital source for law making as it reflects the powerofthecourtstocreatelawbythewayinwhichthestatutesarebeing interpreted. It has been seen that the principles that has been decided and declared souring a base are followed and taken as reference in future cases that give higher consistency and accuracy in decision that supports a vital source for law making (Wechs Hatanaka, 2018). ï‚·Humanrightlaw-IthasbeenseenthatanylawsandactsuchasEuropean Communities Act 1972 was passed to recognise EU law as part of British laws. It has been also seen and analysed that the Human Rights Act 1998 tend to became domestic law and is also acting a base to incorporate the European Convention on Human Right which lead to criteria of many law to avoid the incompatibility such as the Anti-terrorism, Crime and Security Act 2001. ï‚·EU law- It comprises of the law oriented and crated by the court of justice and the European Union that gives interpreting from the ECJ. Further the parliament is also tend to be bound to adopt the ruling and law making by the ECJ based on recent decisions and involve the voting rights. 2.iii. the impact of the respective laws on the multilingual organisation A vital impact of the law is being seen in the multilingual organisation as the law tend to creates a scene of equality and provide the rights of the vulnerable group so that all employees and people of the form van work in an ethical and improved manner (Gillespie, 2021). Further, many laws such as the human rights act and equality law end to supports and encourage the use of many languages within the private domain thus supports easy working and efficient operations for the multilingual organisation. Further, along with this, the creation as well as the appreciation of cultural awareness along with adds academic and educational value, enhances creativity together with the adjustment in society and appreciation of local languages is also being supported by law that carets a positive impact on the multilingual organisation. 4of6
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3)UKlawmakingprocesshaveadirectimpacton commercial organisations It tends to been seen that the UK law making is having a direct impact on the commercial organisation as it tend to present the guideline and framework which need to be followed by all companies operating in UK. In context of the employment law it has been seen that its making process involves and comprises of undertaking and leading many provisions that covers the rights of employees in situations mainly in the cases such as dismissal, unfair dismissal, paternity leave, maternity leave and redundancy (Milman, 2018). Thus, ensures the creation and leading out a more positive workplace environment for the employees and making it essential for the commercial organisation to effectively meet all the set human rights as well as the rules related to minimum wages and other aspects of employment. The making of the employment act within UK has supported a positive impact on the working of the commercial organisation by the way of leading of lower staff turnover and reducing the recruitment costs through clearly providing a guideline related with the appointment and dismissal of the employment along with covering all set guideline for employmentsuchasleaves,etc.Apartfromthis,theemploymentlawisalsotendingto systematically define and present about the inacceptable behaviour as well as also provide actions and valid decision during the times of the certainty and stability. Thus, it tends to protect and safeguard the employee’s rights and also provide an easy mechanism for the commercial business to resolve all sort of chaos and disputers thus ensures leading of improved and efficient business operation as well as positive workplace environment free off chaos and conflicts through leading happierand satisfiedemployeesbasedon implicationprovisionsofemploymentlawofUK (Townley, 2022). Reference List DeMott, D., 2022. The Platform as Agent Forthcoming in Intermediaries in Commercial Law (Paul S. Davies & Tan Cheng Han, Eds., Hart Publishing Co.).Available at SSRN 4115717. Gillespie, J., 2021. Handbook on Space, Place and Law: edited by Robyn Bartel and Jennifer Carter, Cheltenham, UK, Edward Elgar Publishing, 2021, 410 pp, $382.32, ISBN: 9781788977197. Milman, D., 2018. Timeline for the development of shares in UK law. InThe Company Share. Edward Elgar Publishing. Petoft, A., Abbasi, M. and Zali, A., 2021. The Use of Neuroscientific Evidence in the Modern Criminal Law with Emphasizing on the UK and Canadian Neurolitigation.Medical Law Journal,15(56), pp.241- 259. 5of6
Samuel, G. and Kennett, D., 2020. The impact of investigative genetic genealogy: perceptions of UK professional and public stakeholders.Forensic Science International: Genetics,48, p.102366. Townley,A.,2022. The Useofa Multi-Perspectival ResearchModel for aDiscourseStudy of M&A Commercial Law Practice.Journal of Applied Linguistics and Language Research,9(1), pp.64-86. Wechs Hatanaka, A., 2018. Optimising Mediation for Intellectual Property Law–Perspectives from EU, French and UK Law.IIC-International Review of Intellectual Property and Competition Law,49(4), pp.384-412. Wong, J., 2021. Sharing terrorism intelligence: insights from UK law enforcement agencies.Journal of Policing, Intelligence and Counter Terrorism, pp.1-11. York, S., 2022. UK Immigration and Asylum Administration and Adjudication: Home Office Indifference to Rule of Law Principles.The Impact of UK Immigration Law, pp.161-195. The End 6of6